N.J. Admin. Code § 3A:17-2.1 - Removal in emergency situations
(a) The Division
representative shall remove a child in placement from a resource family home
when the Division determines that the child is not safe in the resource family
home.
(b) When abuse or neglect of
any child in a resource family home is substantiated, the office manager may
consult with:
1. The Institutional Abuse
Investigation Unit of the Department or the Office of the Public Defender
acting as the Division's agent in conflict matters, when that unit conducted
the child abuse and neglect investigation; and
2. The Office of Licensing to determine if
the resource family home license will be denied, suspended, or revoked, if the
Office of Licensing shall refuse to renew the license, or if the Office of
Licensing shall permit the home to be licensed for the placement or continued
placement of the children already in placement or recommended for placement in
the home in accordance with
N.J.A.C.
3A:51-5.5(b).
(c) When abuse or neglect of any
child in a resource family home is substantiated, the office manager shall
determine if each child in placement is safe in the resource family home and
then:
1. Determine whether to remove any
child in placement in the resource family home and, if necessary, direct a
Division representative to remove the child; or
2. Recommend to the Area Director that a
child in placement continue to be placed in the resource family home, based
upon the considerations set forth in
N.J.A.C.
3A:17-2.5(a).
(d) The Area Director decides
whether or not to remove the child in placement from the resource family home,
based on the considerations in
N.J.A.C.
3A:17-2.5(a), when child
abuse or neglect of any child is substantiated in a resource family home. When
the Area Director determines that it is in the child's interest to keep the
child in the resource family home, the Area Director shall:
1. Determine that each condition listed in
N.J.A.C.
3A:51-5.5(b) has been met;
and
2. Determine if the Office of
Licensing has given approval, in accordance with
N.J.A.C.
3A:51-5.5(b)5.
(e) A resource family parent may
request an emergency removal of a child in placement and the Division
representative shall remove the child in placement when:
1. The child in placement is at risk of harm
if he or she remains in the resource family home; or
2. The resource family is at risk of harm if
the child remains in the resource family home.
(f) A resource family parent may request an
emergency removal of a child in placement when the resource family is
experiencing a personal emergency and is unable to make alternate appropriate
plans for the child. The Division representative shall respond promptly and
shall remove the child in placement when necessary.
(g) A child in placement may request
emergency removal from his or her resource family home and the Division
representative shall remove the child in placement when the child is not safe
in the resource family home.
(h) In
all emergency cases, the Division representative shall document in the child's
electronic case record and the resource family home record, the decision to
remove or not remove the child and shall inform the resource family parent, the
child in placement, the parents and other interested parties of the
outcome.
Notes
See: 29 N.J.R. 4275(a), 30 N.J.R. 492(b).
Amended by R.2003 d.256, effective
See: 35 N.J.R. 532(a), 35 N.J.R. 2931(a).
Rewrote the section.
Administrative correction.
See: 36 N.J.R. 1225(a).
Amended by R.2009 d.6, effective
See: 40 N.J.R. 3935(a), 41 N.J.R. 256(a).
Deleted "foster" preceding "child", inserted "in placement", and substituted "resource family" for "foster" throughout; in (b)1, substituted "Department" for "Division"; rewrote (b)2; in (c)2, and in the introductory paragraph of (d), substituted "Area Director" for "Deputy Director, Program Operations,"; in the introductory paragraph of (d), inserted the last sentence; added (d)1 and (d)2; in (f), substituted "resource" for "foster" preceding "family is"; and in (h), substituted "child's electronic" for "foster".
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